Legal Question in Insurance Law in New York

Re: My mother fell on some elses property and was injured

Lots more information would be needed to guess at the settlement value of the case. For one thing, one has to know her injuries in more detail. A colles fracture is worth more than (most) nondisplaced fractures of carpal bones or of the long bones of the forearm. One would have to know the exact type of pelvis fracture, especially whether it involves the proximal femur.

This is just the tip of the iceberg on the injuries. Then one must consider the loss of recreational time, what her activity level was before and after the occurrence, what degree of permanency there is and .......

Then one has to ask where the venue of the lawsuit is. A woman of color residing in Brooklyn will recover oodles and oodles more than a middle class white woman residing in Oneonta.

Consultation with a good PI lawyer is essential.

One thing to keep in mind is that the first layer of medical coverage should come from the operator of the facility. They almost certainly have insurance of a kind known as "Commercial General Liability." This is a package policy and it almost always includes coverage for "Medical Payments to Others." Typically, this is good for up to $10,000 in medical bills, including rehab. Accepting this money does not require that the victim release the facility, and the facility does not admit wrongdoing by placing a claim for this coverage.

You should put Mom's insurance on notice anyway, because the facility may be stupid (not know they are covered) or piggish or (God, forbid!) your Mom may have some really serious injuries that require lots of orthopedic surgery.

And don't forget to see a good Personal Injury Lawyer. Do not get the name off a bus stop; call the county bar association and get a referral, even if your uncle knows somebody.